Passed on September 16, 2011 this Act represents a major change in the United States patent system.
Some major changes include: removal of the inter partes reexamination, addition of the inter partes review and post grant review (replacing the inter partes reexamination), removal of best mode as a grounds for invalidating a granted patent, addition of micro entities as a subset to the small entity which will receive 75% off certain fees, extension of prior user rights defense, implementation of a prioritized examination, removal of certain restrictions on the Oath/Declaration, implementation of the supplemental examination, cancelation of the statutory invention registration option, moving from first-to-invent to first-inventor-to-file and addition of the derivation proceeding as a safeguard to the first-inventor-to-file system.
The USPTO will begin testing on this additional material beginning October 2012. As with all new questions on the patent bar exam, these questions will be first entered into the exam as beta questions and will be subsequently moved to regular scored questions once this beta phase is complete.
The following topics of the America Invents Act will be discussed in different posts of the study blog:
- 8.0 – America Invents Act (AIA)
- 8.1 “Best Mode” – America Invents Act
- 8.2 “Micro Entities” – America Invents Act
- 8.3 “Prior User Rights Defense” – America Invents Act
- 8.4 “Prioritized Examination” – America Invents Act
- 8.5 “Citation of Prior Art and Written Statements” – America Invents Act
- 8.6 “Inter Partes Review” – America Invents Act
- 8.7 “Inventors Oath or Declaration” – America Invents Act
- 8.8 “Post Grant Review” – America Invents Act
- 8.9 “Pre-Issuance Submissions by Third Parties” – America Invents Act
- 8.10 “Supplemental Examination” – America Invents Act
- 8.11 “Derivation Proceeding” – America Invents Act
- 8.12 “First Inventor to File” – America Invents Act
- 8.13 “Misc Other 1″ – America Invents Act
- 8.14 “Misc Other 2″ – America Invents Act
- 8.15 “Misc Other 3″ – America Invents Act
Also, the USPTO has a nice website which has a lot of helpful information on the new America Invents Act implementation. Click on the picture below to be taken to this website and review. Please take note of the information on the left side of the website for easy navigation of the various resources available to you.